2. The Framework for Human Rights 2.1 The variable in civil and political rights 2.1.1 The right to life In June 2018, the State of Palestine acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty. However, a number of laws by decrees were enacted, affecting the right to life in one form or another. The Jordanian Penal Law No. 16 of 1960 in force in the West Bank was amended.4 This law used to allow a court of law to mitigate the death penalty it prescribes for a criminal act to a lesser sentence. The provision was replaced by the Law by Decree No. 5 of 2018, which states that the death penalty may be prescribed against a culprit if the crime is committed against a woman or a child.5 This is in stark violation of the ICCPR Second Optional Protocol, which provides that the State party should take necessary measures to abolish of the death penalty from its legal system. The Law by Decree No. 2 of the 2018 on the Military Justice Authority was also promulgated, but was not informed by the comments submitted by the ICHR earlier in 2017. In particular, the ICHR stressed the need that the Law by Decree include binding provisions to challenge the death sentence rendered by the Military Court of Appeals before the Palestinian Court of Cassation. The Law by Decree provides that the ruling entered by the Military Court of Appeals is final and not subject to any form of review.6 The Legislation Harmonisation Committee finalised the review of the Draft Law by Decree on Family Protection from Violence. The draft was submitted to the President’s Office. As the outcome of a lengthy process launched by civil society organisations, the draft law by decree includes legal provisions, which ensure women’s right to life and protection against domestic violence. 4 State of Palestine, Bureau of Legal Counsel and Legislation, Palestinian Official Gazette, Issue 141, 25 March 2018. 5 Article 2 of the Law by Decree No. 5 of 2018 provides that “Article 99 of the Original Law shall be amended by the addition of a new paragraph 5, as follows: (5) To be excluded from the provisions of the paragraphs above shall be the crimes committed against women and children.” Article 99(1) of the Original Law provides that “[i]f mitigating factors existed in a case, the court shall rule for: (1) Life imprisonment with hard labour or ten to twenty years of temporary imprisonment instead of the death penalty.” According to this amendment, perpetrators of crimes against women or children are deprived of the mitigating factor, which would have otherwise reduced the death penalty to a lesser sentence. 6 Article 14(5) of the Law by Decree provides that “[d]ecisions of the Military Court of Appeals shall be subject to review and approval by the Commander in Chief or Chairman of the [Military Justice] Authority, each in accordance with the sphere of his jurisdiction. They may be remitted to the court, which rendered the decision, for close consideration.” Article 18 also prescribes: “The Chairman of the Authority shall exercise the following powers and tasks: […] (2) Review and approve definitive judgements in accordance with the law.” However, the Law by Decree does not provide the procedures and guarantees needed to enable a sentenced person to benefit from all available safeguards when a decision is reviewed by the Court of Cassation. 14 The Status of Human Rights in Palestine